While preparing to write this article, I performed a Google search that included the name of a company that is involved in a litigation involving issues we’ll be discussing. I‘ve never used this company’s products, searched for them online or visited the company’s website. Yet, the next day, there it was front and center on my Facebook feed: an advertisement by the company for its products (and a friends and family sale).

That scenario, made possible through the use of a piece of computer code called a pixel, is at the heart of an avalanche of lawsuits filed in the past 18 to 24 months alleging that by sharing user website interactions with third-parties, companies are violating federal and state privacy laws. The lawsuits have left many in the business community reeling, as companies across the nation grapple with the fine line between privacy rights and optimizing user experiences.